Andrew Holly
PEOPLE

Andrew Holly

Partner
holly.andrew@dorsey.com

Overview

ANDREW REPRESENTS CLIENTS IN ERISA FIDUCIARY AND OTHER COMPLEX CIVIL MATTERS.

Andrew serves as co-chair of Dorsey’s ERISA Litigation Practice Group. He has nearly 20 years’ experience representing fiduciaries, sponsors and insurers in ERISA litigation matters.

He has defended clients in a wide array of ERISA class actions involving pension and welfare plans.  Andrew has represented numerous Fortune 100 companies in 401(k), 403(b) and defined benefit plan “excessive fee” cases, handled numerous company “stock drop” cases, successfully resolved lawsuits over pension plan investment strategies, obtained dismissal of various fiduciary and prohibited transaction claims against group health plan insurers and third-party administrators, and handled dozens of claims seeking benefits under pension, health, disability, and executive compensation plans.  He has also represented group health plans and third-party administrators as plaintiffs, asserting various multi-million dollar claims for recovery under ERISA, antitrust, and state common law.

Andrew also represents clients in complex tax litigation in federal and state courts, administrative proceedings, and in pre-litigation settlement discussions.  He has litigated multimillion dollar corporate and personal tax cases against the Internal Revenue Service as well as state and local tax authorities.  He has also handled various multimillion dollar antitrust, securities, and real estate matters.

An experienced litigator, Andrew has handled dozens of jury and court trials, arbitrations, regulatory matters, and other evidentiary hearings.  This year, he concluded a two-week trial against the Internal Revenue Service over a $100 million theft-loss deduction stemming from the Tom Petters Ponzi scheme.

Andrew is a co-chair of the Preemption Committee on the ABA Subcommittee on Employee Benefits and is a contributing author of various texts, including the ERISA Litigation treatise and the ABA Employee Benefits Law Treatise.

Education & Admissions

University of Minnesota Law School (J.D., 2000), magna cum laude; Order of the Coif; Minnesota Law Review, 1998-2000; Minnesota Intellectual Property Review, Senior Editor 1999-2000

St. John's University (Minnesota) (B.A., Psychology, 1994), All College Honors; Departmental Distinction in Psychology

Admissions

  • Minnesota
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Courts for the Districts of Minnesota, North Dakota, and Northern District of Florida
  • U.S. Tax Court

Clerkships

  • U.S. Court of Appeals for the Eighth Circuit, Chief Judge Donald Lay, 2000-2001

Experience

Representative Litigation

  • Defended fiduciaries of a defined benefit pension plan in a putative class action seeking to recover $1.1 billion in losses that allegedly resulted from imprudent investment strategy and use of affiliated funds.  Thole v. U.S. Bank, Nat'l Ass'n, 873 F.3d 617 (8th Cir. 2017).  Served as co-counsel before Supreme Court, which in 5-4 decision affirmed dismissal.
  • Defended ESOP fiduciaries against ERISA breach of fiduciary duty claims alleging $840 million in losses from imprudent valuation of company stock.  Successfully argued for affirmance before Eighth Circuit.  Vigeant v. Meek, 953 F.3d 1022 (8th Cir. 2020).
  • Defended health care provider in putative class action alleging mismanagement of ERISA 401(k) and 403(b) plans.  Mark Morin, et al. v. Essentia Health, et al., No. 16-cv-04397, (D. Minn 2017).  Obtained voluntary dismissal from Plaintiffs.
  • Represented 401(k) plan sponsor and fiduciaries in putative class action alleging that plan fiduciaries inappropriately included affiliated mutual funds as investment options in the $35 billion 401(k) plan.  Achieved dismissal on Rule 12 motion in a ruling described as a “rare and arguably unprecedented victory for a financial industry that’s been battered by lawsuits over the in-house mutual funds in their 401(k) plans.” Meiners v. Wells Fargo & Co., No. 16-3981, 2017 U.S. Dist. LEXIS 80606 (D. Minn. 2017).  Later affirmed by Eighth Circuit.
  • Defending airline in dispute over workers’ compensation offset to defined benefit pension plan benefits.  Leighton et. al. v. Delta Air Lines, Inc., No 19-CV-1089, (D. Minn. 2019).
  • Defending pharmacy benefit manager in claims for benefits, prohibited transactions, and breaches of fiduciary duty based upon alleged fiduciary breaches, disloyalty, and prohibited transactions in receipt of “spread” from pharmacies. In Re UnitedHealth Group PBM Litigation, No. 16-cv-3352 (D. Minn. 2016); and In Re Cigna Corporation PBM Litigation, No. 16-cv-1702, (D. Conn. 2016).
  • Represented union in $50 million pension plan claim in complex pension dispute involving anti-cutback rules.
  • Represented third-party group health administrator and 250+ health plans against claims brought by medical providers seeking $70 million for weight reduction services.  Almont Ambulatory Care Center v. UnitedHealth Group, Inc., 99 F. Supp.3d 1110 (C.D. Cal. 2015); 2016 WL 2851298 (C.D. Cal. May 13, 2016).  Also representing UnitedHealth Group in counterclaim to recover overpayment made due to fraud and waiver of copays.  121 F. Supp.3d 950 (C.D. Cal. 2015); 2015 U.S. Dist. LEXIS 183363, 183364, 183365 (C.D. Cal. Oct. 23, 2015).
  • Defended against class action alleging groundbreaking violations of the Mental Health Parity and Addiction Equity Act and Affordable Care Act.  New York State Psychiatric Ass’n v. UnitedHealth, 980 F. Supp. 2d 527 (S.D.N.Y. 2013), rev’d in part and aff’d in part, 798 F.3d 125 (2nd Cir.), cert denied, 136 S. Ct 317 (2015).
  • Representing $3 billion hospital system in $15 million tax dispute regarding tax overcharges by state agencies.
  • Recently concluded two-week long trial United States Tax Court case involving $100 million theft-loss deduction sustained as a result of the Tom Petters’ Ponzi scheme. Frank E. Vennes Jr. and Kimberly Vennes vs. Commissioner, Dkt. No. 23-860-17 (U.S. Tax Court).
  • Representing client in United States Tax Court matter involving proper characterization of payments made under a divorce decree. Andrew Redleaf et. al. v. Commissioner of Internal Revenue, No. 10526-16 (U.S. Tax Court).
  • Represented employers, directors, and officers in various other ERISA pension class action breach of fiduciary lawsuits. E.g., Gipson v. Wells Fargo Company, 563 F. Supp. 2d 149 (D.D.C. 2008); Hastings v. Gary Wilson, 516 F.3d 1055 (8th Cir. 2008); Northwest Airlines, Inc. v. Filipas et al., 2008 WL 1773756 (D. Minn. April 15, 2008); In re ADC Telecommunications ERISA Litigation, 2005 WL 2250782 (D. Minn. Sept. 15, 2005); Mitchell-White v. Northwest Airlines and Delta Air Lines, 2011 WL 671630 (S.D.N.Y. Feb. 24, 2011).
  • Represented administrators of group health plans in various ERISA putative class actions seeking plan benefits, alleging fiduciary breaches, and claiming violations of state and federal insurance law mandates. E.g., New York State Psychiatric Association v. UnitedHealth Group, 2013 WL 5878897 (S.D.N.Y. October 31, 2013) rev’d in part and aff’d in part, 798 F.3d 125 (2nd Cir.), cert denied, 136 S. Ct 317 (2015); Larson v. United HealthCare Ins. Co., 723 F.3d 905 (7th Cir. 2013).
  • Represented Northwest Airlines at trial against $200+ million environmental claims stemming from airplane noise at Minneapolis-St. Paul Airport. See City of Minneapolis, et. al. v. Metropolitan Airports Commission, et. al., Civ. No. 05-5474 (Henn. Cty. Dist. Ct. 2005).
  • Represented various clients in executive compensation lawsuits. E.g., Dr. James Loften v. Michael Ray, et al., Civ. No. 09-2152 (U.S.D.C., Minn. 2010) (filed 8/19/09); Duncanson v. Northwire, Inc., Civ. No. 10-CV-2300 (U.S.D.C. Minn.) (filed June 9, 2010); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007).
  • Represented employers in dozens of claims for ERISA benefits under benefit plans including, e.g., Halberg v. United Behavioral Health, 408 F. Supp. 3d 118 (E.D.N.Y. 2019); Johnson v. U.S. Bancorp, 424 F.3d 734 (8th Cir. 2004); Anderson v. U.S. Bancorp, 484 F.3d 1027 (8th Cir. 2007); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007); Kauppinen v. Aid Association for Lutheran Agents' Income Protection Plan et. al., Civ. No. 06-3111 (D. Minn. 2006); Clark v. General Mills Retirement Plan, Civ. No. 06-3111 (D. Minn. 2006); Jenkins v. UHG, Civ. No. 3:06-7070 (W.D. Ohio 2006); Yager v. UHG, Civ. No. 3:06-704 (W.D. Ohio 2006); Dylla v. Aetna Life Ins. Co., Civ. No. 07-3203 (D. Minn. 2007); Mercek v. Northwest Airlines, et. al., 07-60990 (S.D. Fla. 2007); Ann B. Young v. Thrivent Financial, Civ. No. 07-2312 (D. Minn. 2007).
  • Represented various battered spouses in order-for-protection hearings, achieving successful results following evidentiary hearings.

News & Resources

Articles

The “War” Between Out-of-Network Providers and Insurers Spreads Into COVID-19 Territory
ERISA Plan Investment Management in a Time of Market Disruption
"Into the Void: Potential Consequences of the DOL's Proposed Prohibited Transaction Exemptions," Benefit’s Law Journal
Supreme Court Rejection of Duty of Prudence Presumption—What Does it Mean for Retirement Plans?
Supreme Court Upholds Health Care Reform
The Importance of “a Deliberative Process”: Missouri Federal Court Finds Plan Fiduciaries Liable for Breach of Fiduciary Duty in Tussey v. ABB Inc.
“Amara and its Wake: Early Returns on the Scope of ERISA’s Equitable Remedies After CIGNA Corp. v. Amara,” Benefits Law Journal (Spring 2012)
Chapter, “Executive Compensation Litigation,” ERISA Litigation (2012 Cumulative Supplement).
Supreme Court Agrees to Review the Patient Protection and Affordable Care Act
Second Circuit Decision Favors Fiduciaries in 401(k) Company Stock Cases
DOL Proposes to Change Who is a Fiduciary Under ERISA with Respect to Investment Advice
Second Federal Court Finds Health Care Reform Law Unconstitutional
Constitutional Challenges To Health Care Reform Gain Traction With Courts
New Guidance on the Standard of Review of ERISA Claims
Eighth Circuit Decision in Braden v Walmart Lowers Bar for 401k Fee Litigation
Contributing Author, ABA Section of Labor and Employment Law, Employee Benefits Committee, Employee Benefits Law, 2nd Ed. (Jane Kheel Stanley Ed. in Chief, American Bar Association) Supplement
"Understanding and Avoiding 401(k) Employer Stock Claims," MN-Midwest Pension Conference
"Discovery in ERISA Claims For Benefits," Hot Issues in Health, Life & Disability Claims

News & Press Mentions

Dorsey Partner Andrew Holly Comments on DOL Fiduciary Rule Being Nullified
Dorsey Partner Andrew Holly Challenges Residency Restrictions
Dorsey Partner Andrew Holly Remarks on ERISA Pre-emption Clause
Dosey Partner Andrew Holly Comments on Supreme Court Retiree Health Plan Ruling

Select Presentations

  • Speaker, Debriefing: The Supreme Court Arguments on Health Care Reform, Dorsey U, July 2012
  • Speaker, ERISA for Investment Professionals, Dorsey U, May 22, 2012
  • Speaker, Antitrust Enforcement in the Health Care Industry: Current FTC and DOJ Activities, Practicing Law Institute, Wednesday, June 13, 2012
  • Speaker, Recent Trends in FTC/DOJ Enforcement in Heath Care Antitrust Issues, Minnesota State Bar Association, Healthcare section, December, 2011
  • Speaker, Compensation & Benefits Boot Camp for Labor & Employment Practitioners, American Conference Institute, Philadelphia, PA, January 24-25, 2011
  • Speaker, Benefits and ERISA Litigation: 2010 in Review and What’s Ahead in 2011, Dorsey U, January 12, 2011

Industries & Practices

Securities & Financial Services Litigation & Enforcement
  • Antitrust & Competition Law
  • Appellate
  • Banking & Financial Institutions
  • Benefits & Compensation
  • Class Action Litigation
  • Commercial Litigation
  • Creative Industries
  • Environmental
  • ERISA Litigation
  • Healthcare
  • Healthcare Litigation
  • Insurance Law
  • Securities & Financial Services Litigation & Enforcement
  • Tax Controversy & Litigation

Professional & Civic

Professional Achievements

  • Co-Chairperson, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Specialized Retirement Income Plans (2012-13)
  • Member, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Fiduciary Responsibility (2007-2011)
  • Member, Minnesota State Bar Association, Antitrust and Healthcare Sections
  • Member, ESOP Association
  • Member, American Health Law Association

Accolades

North Star Lawyer logo

  • MSBA North Star Lawyer, 2015 and 2017-2018
  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2008, 2010
Andrew Holly